Legal Subjectivity:

Which court in intellectual property cases generally has jurisdiction over first-instance cases of patent disputes is designated by the Intermediate People's Court and the Supreme People's Court where the people's governments of each province, autonomous region, and municipality are located. The Intermediate People's Court has jurisdiction. Note to Article 2 of "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases": With the approval of the Supreme People's Court, Wuhan, Kunshan, and Haidian are designated to hear design and utility model patent cases. Patent administrative cases involving the Patent Reexamination Board of the State Intellectual Property Office as the defendant are under the jurisdiction of the Beijing No. 1 Intermediate People's Court. The first-instance cases of trademark civil disputes are under the jurisdiction of the intermediate people's courts and above. Each higher people's court, based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court, can determine 1-2 grassroots people's courts in larger cities to accept first-instance trademarks. Civil dispute cases. Article 2 of the Interpretation of the Supreme People's Court on Issues Concerning the Jurisdiction and Scope of Application of Laws in the Trial of Trademark Cases shall be under the jurisdiction of the Beijing No. 1 Intermediate People's Court. Copyright civil dispute cases are under the jurisdiction of the people's courts at the intermediate level and above. Each higher people's court may determine a number of grassroots people's courts to have jurisdiction over first-instance copyright civil dispute cases based on the actual conditions of its jurisdiction. "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" Article 2: Anti-unfair competition civil first-instance cases are generally under the jurisdiction of the intermediate people's courts. Each higher people's court shall, based on the actual situation of its jurisdiction, consult with the Supreme People's Court. The people's court's approval can determine a number of grassroots people's courts to accept first-instance civil cases of unfair competition, and grassroots people's courts that have been approved to hear civil cases involving intellectual property rights can continue to accept them. Article 18 of the Interpretation Cases of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Unfair Competition Civil Cases. On January 28, 2010, the Supreme People's Court issued the "On Adjusting the Jurisdiction of the Local People's Courts at All Levels in the First Instance of Intellectual Property Civil Cases". Notice of Cases", which adjusted the level jurisdiction standards for intellectual property civil cases. The High People's Court has jurisdiction over first-instance civil intellectual property cases with a subject amount of more than 200 million yuan, as well as first-instance intellectual property rights cases with a subject amount of more than 100 million yuan and where one of the parties is domiciled outside its jurisdiction or involving foreign countries, Hong Kong, Macao and Taiwan. civil cases. Intermediate people's courts have jurisdiction over intellectual property civil cases below the above standards, except for cases that should be under the jurisdiction of basic people's courts designated by the Supreme People's Court as having jurisdiction over general intellectual property civil cases. Basic people's courts designated by the Supreme People's Court as having jurisdiction over general intellectual property civil cases may have jurisdiction over first-instance general intellectual property civil cases where the subject amount of litigation is less than 5 million yuan, and where the subject amount of litigation is between 5 million yuan and less than 10 million yuan. In general intellectual property civil cases of first instance where the domicile of the parties is within the jurisdiction of the higher or intermediate people's court to which they belong, the specific standards shall be determined by the relevant higher people's court and submitted to the Supreme People's Court for approval. Legal objectivity:

The court with jurisdiction over subrogation litigation has made clear provisions in Article 14 of the Interpretation of the Contract Law regarding the jurisdiction of subrogation litigation, that is, “the creditor initiates subrogation in accordance with the provisions of Article 73 of the Contract Law The jurisdiction of the People's Court of the place where the defendant is domiciled shall be the jurisdiction of the People's Court of the place where the defendant is domiciled. "Jurisdiction of subrogation litigation and coordination issues of agreement jurisdiction and agreement arbitration 1. The creditor and the sub-debtor cannot enter into agreement jurisdiction or agreement arbitration for subrogation litigation. First of all, according to the provisions of Article 73 of the Interpretation of the Contract Law, the creditor can only claim rights against the secondary debtor on behalf of the debtor through the court, that is, it can only claim rights through subrogation litigation, which excludes the creditor and the secondary debtor. The possibility of the secondary debtor entering into an arbitration agreement. Secondly, it should be considered that the creditor and the sub-debtor have no right to enter into a jurisdiction agreement regarding subrogation litigation. 2. After the creditor initiates a subrogation lawsuit, if the debtor and the sub-debtor sign a jurisdiction agreement or arbitration agreement regarding the creditor's rights and debt disputes between them, it shall be deemed to be ineffective against the creditor and shall not affect the continuation of the subrogation lawsuit. However, the jurisdiction agreement or arbitration agreement shall have legal effect on the part of the debtor's claim against the sub-debtor that exceeds the amount of the creditor's subrogation request. 3. Before the creditor initiates a subrogation lawsuit, the debtor and the sub-debtor have signed a jurisdiction agreement. How should they be coordinated?

This mainly refers to the situation when the court that accepts the subrogation lawsuit (i.e. the court at the defendant’s domicile) is inconsistent with the court under the jurisdiction of the agreement. If the two are consistent, there will be no problem that requires coordination.